GANPATLAL SHARMA Vs. SURYA PRASAD

JUDGEMENT

(1.) THIS is a revision under section 26 (2) of the Madhya Pradesh Municipalities Act against an order passed by the First Additional District judge, Raipur, on an election petition filed under section 20 of the same Act.

(2.) THREE points have been raised in this Court. In the first place it has been contended that the Court below was wrong in taking the view that one of the rejected ballot papers was really a valid ballot paper in favour of the respondent No 1.

(3.) I have heard learned counsel for both the parties on this question. The facts are not in dispute. On the left half of the voting paper there are the names of the two contesting candidates. First comes the name of Ganpatlal sharma, the applicant. Next is the name of Surya Prasad alias Mannulal mishra. On the right half of the paper there is a heading meaning thereby that in that portion of the paper the vote has to be cast. Rule 10 (4) of the relevant rules provides that the cross-mark has to be placed against the name of the candidate for whom the vote is cast. In this context the phrase 'against the name of the candidate' can only mean that the cross-mark has to be placed under the heading in front of the name of the candidate for whom the vote is cast. In the disputed voting paper no cross-mark was placed on the right side of the paper, but between the two names which have been typed a cross-mark has been put. Obviously, this is not according to the rules.